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Tree removal Brisbane – know your responsibilities as a tree owner

As a property owner, you have certain legal responsibilities regarding the trees on your property. This is because tree removal in Brisbane is regulated and you can’t just cut down trees whenever and wherever it suits you.

First of all, if you want to cut or trim a tree on your property, then you need to make sure that it doesn’t have a vegetation protection order (VPO), or you will be fined by the council.

When is a tree your responsibility?

As a home owner, you are responsible for trees (including their roots) if the following conditions exist:

When the tree is on the boundary line, but is mainly on your property.

When a tree on your land damages your neighbour’s property.

If the tree is equally on the boundary line, then both property owners are responsible.

What is your responsibility as the tree owner?

If the tree is your responsibility and it overhangs your neighbour’s property, then it is a good idea to engage professional tree loppers in Brisbane to trim the tree. This reduces the risk of the tree injuring people or damaging your neighbour’s property (in the next 12 months).

When can your neighbour legally call in the tree loppers in Brisbane?

Your neighbour can legally trim or lop your trees, if your tree is:

Blocking sunlight from entering their windows or shades their roof.

Interfering with their TV or satellite reception or the operation of their solar panels.

Obstructs their view, which existed before you moved into your property.

Causes a significant build-up of debris to accumulate on their property over time (this excludes the normal accumulation of tree litter).

If any of these conditions exist, your neighbour is within his or her rights to engage a Certified tree lopper in Brisbane to trim or lop your trees. If they need to enter your property to do this, they need to give you at least 24 hours written notice, inform you of the name of the tree lopping company, arrange a date and time convenient to both of you (usually between 8am and 5pm) and the work needs to be completed within 30 days.

As the tree owner, you need to consider public liability insurance for when the Brisbane tree loppers enter your property to cover any accidents or injuries that may occur on your property.

If you cannot come to an agreement with your neighbour, you can
resort to mediation through a Dispute Resolution Centre and if this
doesn’t resolve the issue you can seek legal advice and take the matter
to court.